7 Judicial Officers of UP seeks reconsideration for elevation to High Court: SC issues notice.
A three judge bench headed by Chief justice SA Bobde issues notice to Secretary General of Supreme Court and centre in a petition filed by seven judicial officers of Uttar Pradesh challenging the decision of Supreme Court Collegium’s not to include their names as part of recommendation dated August 14, 2020, for elevation of judges to Allahabad High Court.
Petition states that the High Court Collegium had recommended their names for elevation but Supreme Court Collegium has recommended only Subhash Chand, District & Session Judge for elevation.
The petition filed through Advocate on Record, Aruna Gupta pointed out that their names were not considered "probably on the ground that they have not completed a period of 10 years of holding of judicial office".
The petitioners pointed out that their appointments were made with a retrospective effect from January 2007 and the same has been upheld by both High Court and Supreme Court in the case of Srikant Tripathi and Ors. Vs. State of UP. It was also submitted that Subhash chand and petitioners joins Higher Judicial Services at the same time.
The petition also points out that there is a gap/break in Subhash Chand’s judicial service and his UP Nyayik Seva and same cannot be included in 10 years of judicial service as required under Article 217 (2) (a) of Constitution of India.
Petition also states that two of the aggrieved Judicial Officers retired last year.
"There is no nexus to the object sought to be achieved by introducing the age restriction in regard to recommendation for appointment as High Court Judge from the judicial service cadre and it is also not mandatory, as several times so many judicial officers have been appointed as Judge of various High Courts even after their retirement."
Petition also cites an example of Bombay High Court whereby three Judicial Officers who had crossed the prescribed age limit of 58 1⁄2 years were appointed as Judges of High Court in order to satisfy the huge pendency of cases.
The petitioners now seeks direction from Court to consider their names for elevation as they were also appointed to the judicial services with effect from 2007 in the same batch as Judge Subhash Chand who has already been recommended by the Supreme Court Collegium on August 14, 2020.